February 13, 2002

1:30 p.m.

Commissioners’ Conference Room

APPROVED 7/24/2002


Commissioner Bill Dwyer presided with Commissioner Bobby Green, Sr., Anna Morrison and Peter Sorenson present.  Cindy Weeldreyer was present via telephone.  County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.




a.  FOURTH READING AND PUBLIC HEARING/Ordinance PA 1165/In the Matter of Naming a Newly Constructed Frontage Road Connecting to Weatherberry Lane, Along State Highway Number 58, Jolene Drive (18-02-34) (NBA & PM 11/28/01, 1/16/02 & 1/30/02).


Commissioner Dwyer opened up the Public Hearing.  There being no one signed up to speak, he closed the Public Hearing.


Bob Ezell, Land Management, reported the road naming came about by construction on Highway 58 frontage road.  He said the driveway access was changed and the road needed to be named to provide an address for use and mail delivery.  He noted on January 16 there was a Public Hearing and the Board deferred the name Vicker Road on objection of a landowner.  He said Jolene Drive was chosen and it meets the criteria of Lane Manual.  He added they contacted all of the emergency services, the post office and provided public notice by publication.


MOTION: to adopt Ordinance PA 1165.


Weeldreyer MOVED, Sorenson SECONDED.




b.  SECOND READING AND PUBLIC HEARING/Ordinance No. 2-02/In the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the AG Agricultural District and New Cell Tower Siting Regulations in the Land Use Regulations Made Applicable to the Urbanizable Lands Within the Eugene Urban Growth Boundary; Adopting Savings and Severability Clauses; and Declaring an Emergency (NBA & PM 1/30/02).


Commissioner Dwyer opened up the Public Hearing.


Barbara McKey, 106 E. Hilyard, Eugene, expressed gratitude for the Board’s expeditious efforts on cell phone tower sitings in the urban growth area.  She encouraged the Board to vote on this as it is timely and the right thing to do.


Martha Johnson, 110 E. Hilyard, Eugene,  thanked the Board for taking prompt action and encouraged them to pass this ordinance, making it effective today.


Mona Lindstromberg, 87140 Territorial, Veneta, was pleased to hear that the cell phone ordinance was being moved along.  She wanted a countywide ordinance.


Leonora Kent, 111 Oakley Lane, concurred with everything that was said.  She had forwarded a letter to Sorenson about 4J Schools.  She reiterated that 4J opposed having cell phone towers near their schools.


There being no one else signed up to speak, Commissioner Dwyer closed the Public Hearing.


MOTION: to adopt Ordinance 2-02.


Green MOVED, Morrison SECONDED.


Morrison asked about this ordinance with regard to LUCU.


Vorhes responded this was adopting the same substantive provisions that are in LUCU.  He added they were adopting the cell tower regulations that were adopted by the Eugene City Council in 1997 as part of the current urban growth boundary regulations the County adopted years ago.  He said they were adopting regulations that are currently in place inside the city and making them applicable to the urban growth area.  He added those regulations had not been part of the litigation at LUBA.




c.  SECOND READING AND PUBLIC HEARING/Ordinance No. 3-02/In the Matter of Amending Chapter 10 of Lane Code to Adopt Amendments to the I-4 Special Heavy Industrial District in the Land Use Regulations Made Applicable to the Urbanizable Lands Within the Eugene Urban Growth Boundary; Adopting Savings and Severability Clauses; and Declaring an Emergency (NBA & PM 1/30/02).


Commissioner Dwyer opened up the Public Hearing.  There being no one else signed up to speak, he closed the Public Hearing.


MOTION: to adopt Ordinance No. 3-02.


Green MOVED, Morrison SECONDED.


VOTE: 5-0.




Morrison reported the Siuslaw RAC met last week and they chose their first round of projects.  She announced this weekend was the kick off for the Rhododendron  Festival.


Sorenson visited with Curry County Commissioners and they stated they had been approached on participating in the Snowy Plover lawsuit.  He said that Fish and Wildlife designated critical habitat for the Snowy Plover along the California and Oregon Coast and various county governments had been deciding whether to get involved in the lawsuit.


Morrison stated she was having John Griffith from Coos County give a presentation to the Board on the Snowy Plover.


Weeldreyer announced she would be on “Ask Lane County” on KPNW.  She noted the Economic Development Standing Committee would be meeting to review the proposals that had come in from County departments for general allocation funds from video lottery.  She announced that Green received an award from Willamette University.




Letter regarding Children and Families.


Van Vactor noted when there is normally a legislative session, they ask all County departments to go through the legislative committee.  He said the substance of the letter was to express concern about cuts.  He said County government has other areas where they are subject to cuts such as community corrections.


Dwyer said the Board adopted the concept that if people want to communicate with the legislators with a document that says, “Lane County” then the Board needs to know what they are communicating, and if it reflects a majority of the Board’s desire, then they can say the Board was in favor of it.  He said if it doesn’t, it has to be disclaimed in the letter that this is not the Board’s position. He wanted the truth to be told.


Weeldreyer said the press release could be strengthened by waiting a week and having this as an item on the Commission on Children and Families agenda and having the press release reflect the community input that went into sending this letter in addition to having the Board review it today.  She asked if they could update the letterhead so it reflects the current list of Children and Families officers.


Morrison stated none of the programs that were listed in the letter had been cut.  She said as of midnight Sunday, they were all restored.  She said the only one in jeopardy was Teen Pregnancy Prevention Services originally proposed at $1.325 million, and now at $545,000.


Pat Rogers, Director, Children and Families, noted that she received correspondence that the Crisis Nurseries was on the list for reduction.


Dwyer said the Commission on Children and Families review should come from the Commission and be signed by the Commission reflecting what has actually happened.  He requested that they make sure that whatever is stated in the letter, that it is an accurate representation.  He suggested that the Commission write the letter reflecting the facts and modifying the stationery reflecting who actually are members of the commission.


Weeldreyer stated she received an e-mail from AOC that was a recap of the special session  She said there were breaches of good faith that legislators were making with counties as a result of Senate Bill 1145. 


Sorenson recommended Rogers take the comments she received from the Board back to the Commission and have the Commission send the press release out.  He didn’t think she needed to come back to the Board. He thought that Tony Bieda, Intergovernmental Relations Manager, should send a press release to all of the Lane County legislators.


Weeldreyer stated it was important for the citizen members of the Commission on Children and Families to be the contact for the media for follow-up to the press, not Tony Bieda.  She suggested the Chair and Vice Chair be listed as contacts for media.


Dwyer suggested using the “opt out” clause for Lane County.  He said a letter needed to be sent stating the contract violates the Oregon Constitution.


Wilson responded that the legislature on the operational side, promised funding pursuant to a certain formula based on certain assumptions.  She said the “opt out” language deals with the future aspects.  She  wasn’t sure how strong the contract case law was.  She added if there was a contract and one of the contract terms is “an opt”  out term,  then it is not a breach of contract.


Sorenson suggested asking the legislative committee or Tony Bieda to give a briefing and update.  He recommended having key County employees give the Board a briefing that gives the Board an option to consider the opportunity to pull out the Parole and Probation component of SB 1145 or opt out on the requirement of the County to house the state prisoners.  He also wanted to find out the options regarding the relationship between the County and the state on SB 1145 issues.


There being no further business, Commissioner Dwyer adjourned the meeting at 2:45 p.m.




Melissa Zimmer

Recording Secretary